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Law Question Relating to Golf Job


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-Please factual, helpful responses only-

 

I work at a country club in FL where, on the job, I accidentally hit a pole at low speed with a flatbed golf cart, putting a large punch in the front bumper. All the damage is cosmetic and did not damage the suspension or any of the inner workings of the cart; in fact, I have continued to use that cart since the accident and it had no affect on how it drives or anything. Today my boss (the head pro) makes a remark, "There goes your next four paychecks," about repariring the cosmetic damage on my cart. I could hardly tell if this was a threat or facetious. Is it legally possible for them to either withhold pay or dock my paycheck to pay for the repair, unneccesary or not? I was under the impression that when one is on the job property damage like that is the liability of the employer.

 

Added to that, two days before I damaged my cart a coworker of mine (of similar age and race) totaled (and I mean TOTALED) a member's cart, and he has been given no punishment. If it is legally permissible for the club to assess me for damage and they do, yet they do not punish my coworker, is that discrimination or harassment?

 

Please give me your input, especially if you can give me real law advice.

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I was in the business for almost 15 years and 8 of those as a PGA member. I am almost certain that when you are on the job, and unless you were driving reckless or under the influence, that it is the responsibility of the club. Not to mention they have insurance for things like that, called liability insurance.

 

Any time we had an incident involving golf carts and damage we filled out a report and it was submitted to the insurance company.

 

Hope that helps.

 

DG

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The clubs general liability could cover it, however for a policy that expensive, the deductible will be far higher than the amount of damage you describe.

 

If you boss does that, I would first go to either a board member or the general manager and explain the story.

 

If he does do this, I would contact a trial attorney and have him write a letter to your boss. I would bet your four paychecks that the mere threat of a potential suit would first, not even be worth the time and money, and second draw too much negative attention.

 

Hope that helps.

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Legally they can't take your paycheck unless you have signed something agreeing to it beforehand. The damage to the cart and the money they pay you to work there are two different things. This is not to say that they can't offer you the choice of paying for the damage or losing your job. Fla is an at-will employment state, which means they can let you go for any reason at all (except for a very few discriminatory motivations like sex or race, etc.) If they want to dock your paycheck they either need your agreement or a court order.

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My first thought is to take it easy. That's a common joke whenever something happens on any job. Your question make me believe you're relatively young and you've got an older guy just messing with you. Don't see every comment as discrimination or harassment. Sometimes a joke is just a joke, doesn't matter if its a good one or not.

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Fla is an at-will employment state, which means they can let you go for any reason at all (except for a very few discriminatory motivations like sex or race, etc.)

 

Any reason or no reason...

 

Which would include, I would think, accidentally/negligently damaging company property...

 

Exactly my point. They can't take your paycheck without your permission, but they can "offer you a deal you can't refuse" by threatening to fire you unless you allow them to take the damages out of your paycheck. As coercive as this sounds, it is perfectly legal.

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